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State law · Florida

Florida security deposit law

How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.

Checked against Fla. Stat. § 83.49 on October 25, 2026 · By Michael

Short answer: If the landlord does not intend to claim any of the deposit, it must be returned within 15 days after the tenant vacates. To claim any part of the deposit, the landlord must send written notice of the claim, with the amount and reason, by certified mail within 30 days after the tenant vacates.

Return deadline15 days (30 for the itemized list)
Possible penaltyNo double or triple damages
Small-claims limit$8,000

How long does a landlord have to return a security deposit in Florida?

Return deadline
If the landlord does not intend to claim any of the deposit, it must be returned within 15 days after the tenant vacates.Fla. Stat. § 83.49(3)(a)
Itemized list
To claim any part of the deposit, the landlord must send written notice of the claim, with the amount and reason, by certified mail within 30 days after the tenant vacates.Fla. Stat. § 83.49(3)(a)

Prefer a full page? Use the security deposit deadline calculator.

What happens if a Florida landlord misses the deadline?

If the landlord misses it
A landlord who does not send the certified-mail notice of claim within 30 days forfeits the right to impose a claim on the deposit.Fla. Stat. § 83.49(3)(a)
Penalty
Florida has no double or triple damages for deposits. In a lawsuit over the deposit, the winning side can recover court costs and a reasonable attorney's fee.Fla. Stat. § 83.49(3)(c)

What can a Florida landlord deduct from your deposit?

What can be deducted: The landlord's claim against the deposit, stated in the certified-mail notice; the statute does not list categories. (Fla. Stat. § 83.49(3))

What the itemized list must include: A certified-mail notice stating the amount claimed and the reason for it. (Fla. Stat. § 83.49(3)(a))

Florida's deposit statute does not separately define normal wear and tear. See what counts as normal wear and tear for how it is generally treated.

More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.

Deadlines and steps on your side

Florida also sets rules for tenants. Missing one of these can cost you part of your claim, so check them early.

Objecting to the landlord's charges: Unless the tenant objects in writing within 15 days after receiving the landlord's certified-mail notice of intent to impose a claim, the landlord may deduct the claimed amount. Missing the 15 days does not waive the tenant's other rights; the tenant can still sue. (Fla. Stat. § 83.49(3)(b))

Taking a deposit case to small claims court in Florida

Small-claims limit: Florida small claims covers claims of $8,000 or less. (Florida county court small-claims guidance)

Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.

Good to know

  • The landlord's notice of claim must go by certified mail. A notice sent another way may not count.
  • Even after losing its claim on the deposit, a Florida landlord may still sue separately for damage it can prove.
Sample letterSee a Florida demand letterThe claim came by email, not certified mail. A full letter the Demand Letter Companion wrote for a fictional tenant, built on these rules.Read the Florida letter →

What to do if your Florida landlord kept your deposit

  1. Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
  2. Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
  3. Send a demand letter by certified mail. Ask for the money, cite Florida's rules, and give a deadline to pay. What a demand letter does.
  4. If they still don't pay, consider small claims court. You don't need a lawyer there.

Get a demand letter built on Florida's rules

Upload your lease, answer plain questions, and approve a letter that cites Florida's deposit law. About 20 minutes.

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Not sure yet? Check your case free →

Sources

These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.

Other states: see the guides for all 50 states and DC

This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Florida.